Ordinance No. 4,43460424 -1
ORDINANCE NO. 4434
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH HARRIS COUNTY LAW ENFORCEMENT AGENCIES
WITH REGARD TO PROVIDING FOR COOPERATION AMONG LAW
ENFORCEMENT AGENCIES IN HARRIS COUNTY, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, there are thirty -four municipalities and large unincorporated areas
within Harris County, Texas, whose boundaries are not immediately discernable; and
WHEREAS, recent appellate court decisions have questioned the authority of a
municipal peace officer to act beyond the boundaries of his employing agency; and
WHEREAS, the growth and complexity of organized crime is not restricted to
specific jurisdictions; and
WHEREAS, Harris County and the various municipalities therein are permitted
to enter into an Interlocal Agreement for police protection and law enforcement
pursuant to TEX. REV. CIV. STAT. ANN., art. 4413(32c); and
WHEREAS, such Interlocal Agreement will be beneficial in overcoming these
difficulties; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
Section 1: That the City Council of the City of Baytown, Texas, hereby
approves an Interlocal Agreement with Harris County Law Enforcement Agencies and
authorizes the Mayor and City Clerk of the City of Baytown to execute and attest
to said agreement for law enforcement cooperation within Harris County. A copy
of said agreement is attached hereto, marked Exhibit "A," and made a part hereof
for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City
Council of the City of Baytown, this the 24th day of April, 1956.
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ATTEST:
6
EILEEN P. HALE,—City Clerk
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INTERLOCAL AGREEMENT
STATE OF TEXAS $
S
COUNTY OF HARRIS $
This Interlocal Agreement for police protection made and
entered into by and among Harris County, hereinafter referred to
as the "County,” acting herein by and through its County Judge,
pursuant to an Order duly passed by the Commissioners Court of the
County, and the City of Houston, the City of Baytown, the City of
Pasadena, the City of Deer Park, the City of South Houston, the
City of Galena Park, the City of West University, the City of
Bellaire, the City of Hunter's Creek Village, the City of Hedwig
Village, the City of Bunker Hill, and the City of Piney Point
Village, each organized and existing under and by virtue of the
laws of the State of Texas, hereinafter collectively referred to
as the "Cities," each acting herein by and through their respective
officers duly authorized to so act by their respective governing
bodies,
W I T N E S S E T H:
WHEREAS, there are within Harris County thirty -four (34)
municipalities and large unincorporated areas whose boundaries are
not always immediately discernible on the ground; and,
WHEREAS, the growth and complexity of organized crime and
other criminal activity are generally not limited to specified
jurisdictions; and,
WHEREAS, the governing bodies of the County and the Cities
desire to improve law enforcement by entering into an Interlocal
Agreement for police protection and law enforcement pursuant to
TEX.REV.CIV.STAT.ANN. art. 4413(32c); and,
WHEREAS, the County and the Cities, pursuant to the pro-
visions of TEX.REV.CIV.STAT.ANN. art. 4413(32c), have determined
that it would be in the best interest of the County and the Cities
and the citizens and inhabitants thereof to enter into an Interlocal
Agreement in order to provide better police protection by authorizing
cooperation among the law enforcement branches of the Cities and
County in the investigation of criminal actitivity and the enforce-
ment of the laws of this State in the geographic area covered by
the Cities and the unincorporated portions of the County;
NOW, THEREFORE, in consideration of the mutual covenants
and agreements and benefits to all parties, it is agreed as follows:
I
The County and the Cities by this Agreement authorize, but
do not require, their respective peace officers to cooperate with
each other in the investigation of criminal activity and enforcement
of the criminal laws of this State. The jurisdiction of the said
peace officers shall include all the geographic area within the
boundaries of the Cities and the unincorporated portions of the
County, said area being hereinafter called the "territory." It is
the intent of the parties hereto to extend and expand the territorial
jurisdiction and authority of their respective peace officers and
nothing contained herein is intended, nor shall it be construed,
to restrict or limit the authority or jurisdiction which such
peace officers now have.
II
While any peace officer employed by either the County or
by one of the Cities is in another jurisdiction pursuant to
this Agreement, such peace officer shall remain a peace officer of
the jurisdiction by which he is employed with all the powers of a
peace officer in the County or the City, whichever is applicable,
as fully as though he were within the County or the City where
employed and his qualification for office where regularly employed
shall constitute his qualification for office in the County or
such other City.
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III
Any peace officer who performs peace officer duties out-
side the territorial limits of the jurisdiction where he is employed
as a peace officer shall be entitled to the same wage, salary,
pension, and all other compensation and all other rights for
such service, including injury or death benefits, the same as
though the service had been rendered within the limits of the
jurisdiction where he is employed. All compensation and expenses
of said peace officer shall be a cost of, and paid by, the political
subdivision which employs said peace officer.
IV
Each party hereto agrees that it shall have no liability for
the wages, disbility payments, pension payments, damage to equipment
and clothing, medical expense, and expenses of travel, food, lodging
or other compensation or expenses of a peace officer employed by
another party regardless of whether such peace officer performed
peace officer work outside the jurisdition of his or her employer.
V
Each party hereto agrees that it shall have no liability what-
soever for the torts or other acts of a peace officer employed by
another party hereto regardless of where such tort or act occurred.
VI
Each party hereto agrees that it will not seek to recover
compensation or reimbursement of expenses from any other party
hereto for services performed by its peace officers pursuant to
this agreement.
VI I
If any provision, section, subsection, paragraph, sen-
tence, clause or phrase of this Agreement, or the application of
same any person or set of circumstances, shall for any reason be
held unconstitutional, void or invalid, such invalidity shall not
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affect the validity of the remaining provisions of this Agreement
or their application to other persons or sets of circumstances
and to this and all provisions of this Agreement are declared to
be severable.
VIII
The term of this Agreement shall be one (1) year from the
date of signature. This Agreement shall not become effective un-
til it is signed by the County and each of the Cities.
EXECUTED in multiple originals on this the day of
1986.
APPROVED AS TO FORM:
MIKE DRISCOLL
County Attorney
HARRIS COUNTY
By By
LAVERGNE SCHWENDER JON LINDSAY, County Judge
Assistant County Attorney
APPROVED:
By
JOHNNY KLEVENHAGEN
Sheriff of Harris County
APPROVED AS TO FORM: CITY OF HOUSTON
By
Attorney for the City of Houston KATHRYN J. WHITMIRE, Mayor
ATTEST: APPROVED:
By
Secretary of the City of Houston LEE BROWN, Chief of Police
of the City of Houston
APPROVED AS TO FORM: CITY OF BAYTOWN
By
Attorney for the City of Baytown Mayor
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ATTEST:
APPROVED:
Secretary of the City of Baytown Chief of Police of the City of
Baytown
APPROVED AS TO FORM:
CITY OF PASADENA
By
,Attorney for the City of Pasadena Mayor
ATTEST:
APPROVED:
Secretary of the City of Pasadena Chief of Police of the City of
Pasadena
APPROVED AS TO FORM:
Attorney for the City of
Deer Park
ATTEST:
CITY OF DEER PARK
By
Mayor
APPROVED:
Secretary of the City of Chief of Police of the City of
Deer Park Deer Park
APPROVED AS TO FORM:
Attorney for the City of
South Houston
ATTEST:
Secretary of the City of
South Houston
CITY OF SOUTH HOUSTON
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By
Mayor
APPROVED:
Chief of Police of the City of
South Houston
I
APPROVED? AS TO FORM:
Attorney for the City of
Galena Park
ATTEST:
Secretary of the City of
Galena Park
APPROVED AS TO FORM:
Attorney for the City of
West University
ATTEST:
Secretary of the City of
West University
APPROVED AS TO FORM:
Attorney for the City of
Bellaire
ATTEST:
Secretary of the City of
Bellaire
APPROVED AS TO FORM:
Attorney for the City of
Hunter's Creek Village
CITY OF GALENA PARK
By
Mayor
APPROVED:
Chief of Police of the City of
Galena Park
CITY OF WEST UNIVERSITY
By
Mayor
APPROVED:
Chief of Police of the City of
West University
CITY OF BELLAIRE
By
Mayor
APPROVED:
Chief of Police of the City of
Bellaire
CITY OF HUNTER'S CREEK VILLAGE
By
Mayor
ATTEST:
Secretary of the City of .
Hunter's Creek Village
APPROVED AS TO FORM:
Attorney for the City of
Hedwig Village
ATTEST:
Secretary of the City of
Hedwig Village
APPROVED AS TO FORM:
Attorney for the City o
Bunker Hill
ATTEST:
Secretary of the City of
Bunker Hill
APPROVED AS TO FORM:
Attorney for the City of
Piney Point Village
ATTEST:
Secretary of the City of
Piney Point Village
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APPROVED:
Chief of Police of the City of
Hunter's Creek Village
CITY OF HEDWIG VILLAGE
By
Mayor
APPROVED:
Chief of Police of the City of
Hedwig Village
CITY OF BUNKER HILL
By
Mayor
Chief of Police of the City of
Bunker Hill
CITY OF PINEY POINT VILLAGE
By
Mayor
APPROVED:
Chief of Police of the City of
Piney Point Village
0
ORDER AUTHORIZING EXECUTION OF A MUTUAL AID
INTERLOCAL AGREEMENT BY HARRIS COUNTY, CITY
OF HOUSTON, CITY OF BAYTOWN, CITY OF PASADENA,
CITY OF DEER PARK, CITY OF SOUTH HOUSTON, CITY
OF GALENA PARK, CITY OF WEST UNIVERSITY, CITY
OF BELLAIRE, CITY OF HUNTER'S CREEK VILLAGE,
CITY OF HEDWIG VILLAGE, CITY OF BUNKER HILL AND
CITY OF PINEY POINT VILLAGE
STATE OF TEXAS S
S
COUNTY OF HARRIS S
On this day of , 1986 , the
Commissioners Court of Harris County, Texas, being duly convened
at a regular meeting of the Court, upon motion of Commissioner
seconded by Commissioner
duly put and carried,
It is ORDERED that County Judge Jon Lindsay be, and he is
hereby, authorized to execute a Mutual Aid Interlocal Agreement
among Harris County, City of Houston, City of Baytown, City of
Pasadena, City of Deer Park, City of South Houston, City of Galena
Park, City of West University, City of Bellaire, City of Hunter's
Creek Village, City of Hedwig Village, City of Bunker Hill, and
City of Piney Point Village, said Agreement being incorporated
herein by reference for all purposes as though fully set forth
word for word.